History was made on Monday evening, as Town Councillors signed the contract and transfer document for twenty acres of land at Gullock Tyning to be purchased for Midsomer Norton’s long dreamt of Town Park.
The sale, however, is on condition that planning permission is granted by B&NES Council for an adjoining housing development by Flower and Hayes for 35 new houses at the eastern end of the Town Park, which stretches from Gullock Tyning to the town boundary at Five Arches, and has sparked concern by residents in neighbouring Wheeler’s Road.
By signing the contract on Monday evening, the Town Council is now committed to purchasing the land, which it will do at a cost of £64,000.
Councillors were told that the Town Council could currently afford such a move, with enough in capital reserve built up over the past five years. B&NES Council also has S106 monies ready and waiting from developments in the area, which could mean that the cost of the land, and a significant portion of works planned for the Town Park, would be covered financially. The land is protected by a covenant, so that it has to be for community use only and that no building work will take place upon it. This would mean that housing or permanent buildings would not be allowed, but mobile cafés, for example, would be acceptable.
This is just the very beginning. The Town Council will need to submit planning applications and decide what will happen to the land, for example, if it will be put in Trust. The contract also does not include a piece of land to the north of the site, which was once included in initial architect’s drawings. The once proposed Otter Café and the amphitheatre could also prove costly due to the covenant.
Also problematic has been the land remaining subject to third party rights to mines and minerals. Solicitors for the Town Council have recommended insurance for this with a one-off payment of £530, with a £20,000 excess. This has been one of the stumbling blocks which saw the project stall over the last thirty years and has seen officers having to review a formidable mountain of paperwork.
The solicitor is also warning of a moderate to high environmental risk, given the area’s industrial past and the presence of the Batch. Whereas this may be unacceptable for permanent housing, there are mitigations that would not prevent the site from being used for a Town Park and will be scrutinised at the planning stage later. Speaking at the meeting, Mayor of Midsomer Norton, Paul Myers, said: “The Batch is specifically in our town and wherever you buy, somewhere there is a risk. It’s really important that we minute that we have had the advice from the experts and we are taking it.” Deputy Mayor, Cllr Steve Plumley added: “The Batch is our heritage and part of the landscape that we all know and love, so it is only right the park is there.”
Due to a significant risk of flooding on the site, a storm pond would need to be created, with a timing mechanism to allow water to be released into the river at a manageable rate. It is thought that the developers will also be looking to link up the cycle track through to Gullock Tyning, with a temporary access road to be built at the north edge of the site, so that construction vehicles would not have to use Wheeler’s Road, potentially becoming an access road in future, should planning permission be granted. Otherwise, it would need to be put back to its previous condition.
Cllr Myers was keen to stress that the Town Park project would be respecting the ecology of the wild site, with Councillors signing a certificate stating their reasons for justifying their decision in years to come and to mark the occasion. “This isn’t just a great big bushy field with hazards,” he explained. “We have been passionate about providing a Town Park and in fifty years’ time, this certificate will say why. This is one of the biggest decisions we will make as a Town Council.
“When Midsomer Norton Town Council was created in 2011, we began work in earnest to deliver a Town Park which had been promised for so long. On 5th October, after several years hard work, we as a Council voted to sign a purchase agreement for a Town Park, which will be available for the people of Midsomer Norton and the whole Somer Valley to enjoy in perpetuity. Our aim as a Council in buying land to create Midsomer Norton Town Park is to provide a green space for people of all ages to enjoy now and for generations to come.”
All eyes are now on B&NES Council with regard to the granting of planning permission for the housing development which, if given, will in effect trigger the creation of Midsomer Norton’s long-awaited park.
The contract and transfer needed to be sealed under the Council’s Standing Orders and the Town Clerk, who said the project, which has taken many hours and huge amounts of legal documentation, had been “exciting, exasperating, slow, but rewarding”, nearly saw all of his hard work in vain, with the discovery, at the last minute, of the seal not being delivered by stationers.
Luckily, Pethericks and Gillard, Accountants in Midsomer Norton, were able to provide the seal with minutes to spare.